We recently represented a client for a driver’s license hearing where our client (the defendant) refused to do a blood test when requested by the officer. Defendant was pulled over for speeding and having a defective taillight. The officer noticed the odor of an alcoholic beverage on his breath, bloodshot eyes, and observed two clues of horizontal gaze nystagmus.
During a search, a baggie of marijuana was removed from the defendant’s pants pocket. Due to the presence of marijuana, the officer told the defendant that he must do a blood test or it would be considered a refusal. At the drivers license hearing, I argued that the presence of marijuana alone does not give the officer the right to invoke the “blood only” option and that the officer was required to offer both blood and breath.
I argued that all the other signs of intoxication noted were alcohol signs of intoxication and the officer’s limitation of the defendant’s options to “blood only” was improper. The hearing officer agreed and dismissed the action, returning the defendant’s driving privileges to him.